Concerns from Koochiching County commissioners about a new state law that could cost the county an extra $90,000 annually did not fall on deaf ears.
Minnesota Department of Corrections Commissioner Tom Roy visited county commissioners Tuesday to discuss the rule change that would require the county to hire two additional jail staff members, costing an additional $90,000 each year – a 3-percent increase in tax levy.
“I understand you have concerns about budgets, especially after the mill layoffs,” said Roy referring to Boise Inc.’s May 2 announcement to eliminate by October 265 jobs from the local paper mill. “Having grown up in the mill town of Cloquet...it’s a big deal and I’m fully aware of that.”
Current state rules for jails require a minimum of one jailer/dispatcher to 15 offenders. A proposed change to the rule that could take effect in January would lower the ratio to one jailer/dispatcher to five offenders. The proposed change stems from concerns by state and local jail officials that staff may be too busy with the dispatch role to be able to run the jail, which involves doing well-being checks, handing out medications, and serving meals. The Koochiching County Jail now has one staff member to dispatch calls and handle the jail from 10 p.m. to 7 a.m.
Roy further explained that the purpose behind the rule change is set for exceptional cases, not normal circumstances. He said the DOC feels that in a worst-case-scenario, the current number of inmates to one staff person was too high to manage in an emergency situation.
County Administrator Teresa Jaksa said the county board respects the job of the DOC and staff for wanting the change for public safety purposes, but felt the county board should have been involved in the process sooner.
A letter sent to an administrative law judge from Jaksa in May states the proposed rule change has been under consideration for many years and the county board became aware of the issue in July 2012.
“The DOC review on this matter involved sheriffs and jail staff whose views would naturally be that of public safety,” the letter said. “Though public safety is a common goal of the county board as well, the county board carries the weight of having to find the dollars to cover the cost which we feel was an absent consideration in this review process...no specific events occurred at the Koochiching County Jail that was referenced in this review and would warrant a needed change in our jail staffing levels.”
Roy said after having worked for 36 years in county government, he understands “the impact of the state ramming rules and non-funded mandates on counties. I’m not interested in doing that.”
He told the board there is a portion of the rule that allows for jail administration and sheriffs to submit variance request to come to a solution about how the new rule would impact the county.
“I’m sitting here today saying the ground is ripe for an interim solution that gives you folks more time to ponder budget impacts or other staffing potentials,” Roy told commissioners. “You have a pretty significant law enforcement presence in this town and emergency responses...I think that a plan or proposal that involved back-up potentials for asking assistant from those agencies would be good. Some technologies can be included in a variance request that provide a reasonable response capability for those nighttime hours.”
Roy said his department feels strongly the rule makes sense, but reiterated that it is understood that “not every county fits perfectly and that is why we have that variance.”
He added that while the public comment period on the rule change ended, and the issue wouldn’t likely go to a public hearing, there is no time requirement on submitting variances. Variances are a part of the process for jail management under DOC rules and if an alternate plan has merit, DOC can approve a waiver, Roy explained.
“I can’t sit here today and say that whatever you come up with would absolutely be approved, but we would work with you,” he said.
County Commissioner Wade Pavleck said in the past years there has been an extreme cost in corrections and all has come out of county dollars.
“We have a $3.5 million levy with dwindling resources,” he said. “How do we add two positions? We’ve got to look at that very carefully. Something else has to give. We can’t keep going to the taxpayers.”
Pavleck said he has received verbal support from local law enforcement to offer services when needed.
“We need to explore all options,” Pavleck said.
The board will set a committee meeting with Koochiching County Sheriff Brian Jespersen and jail administrator to discuss and review options and decide a direction for complying with the DOC rule for jail staffing.
